All About Indian Motor Vehicle Rules and Laws

. This is a discussion on All About Indian Motor Vehicle Rules and Laws within Road Safety & Driving Sense. Part of The Rev Zone category; I thought of starting a new thread on the topic, since I felt that many people are stumbling in the ...

I thought of starting a new thread on the topic, since I felt that many people are stumbling in the dark when it comes to legal issues with regard to their Vehicles and the road along with other similar instances.

I hope this is the right place that I've posted, If not, Moderators, please move it appropriately.

OFFENCES AND PUNISHMENT/FINE UNDER THE MOTOR VEHICLES ACT, 1988
& THE CENTRAL MOTOR VEHICLES RULES, 1989- AT A GLANCE

1. Driving without holding an effective driving licence S.3r/wS. 181 of MV Act 3months or Rs. 500 or both

2. Driving by an under-aged person (Minor driving vehicle) S.4r/wS. 181 of MV Act 3months or Rs. 500 or both

3. Owner or person in-charge of a vehicle permitting an
unlicensed person or an under-aged person to drive it
(Parents/guardians/ friends permitting minor to drive vehicle)
S.5r/wS. 180 of MV Act 3months or Rs. 1000 or both

4. Holding of a driving licence permitting it to be used by other
person.
S. 6(2)r/wS. 177 of MV.Act Rs. 100 for first offence

5. (i) Disqualified person driving a vehicle or (ii) applying for or
obtaining a driving licence or (iii) seeking a licence without
disclosing endorsements made on driving licence preciously
held
S. 23r/wS. 182(1) of MV.Act 3 month or Rs. 500

6. (i) Disqualified conductor acting as conductor or (ii) applying
for or obtaining a conductors licence or (iii) seeking a licence
without disclosing endorsements made on licence previously
held.
S. 36r/wS. 182 of MV.Act One month or Rs. 100 or both

7. Running driving school without a licence R. 24 C.MV. Rules r/w
S. 177 of MV Act
Rs. 100 for first offence
Rs. 300 for second or subsequent
offence

8. Driving a vehicle at an excessive speed S. 112r / wS. 183(1) of MV.Act Rs.400 for first offence
Rs. 1,000 for second or subsequent
offence

9. Any person permitting his employee or a person subject to his
control to drive a vehicle at an excessive speed
S. 112r / wS. 183(2) of MV.Act Rs. 300 for first offence
Rs. 500 for second or subsequent
offence

12. Any person driving or permitting to drive and vehicle with a
left-hand steering control unless equipped with a device of a
prescribed nature
S. 120 r/w S.177 of MV Act Rs. 100 for first offence
Rs. 300 for second or subsequent
offence

13. Driving dangerously / its Abetment S. 184/S.188 of MV Act 6 months or Rs. 1,000 for first
offence or both
2 years or Rs.2,000 for second or
subsequent offence within 3 years
of previous commission or both

14. Driving by a drunken person or by a person under influence or
drugs / its Abetment
S. 185/S.188 of MV Act 6 months or Rs. 2,000 for first
offence or both
2 years or Rs.3,000 for second or
subsequent offence within 3 years
of previous commission or both

15. Driving when mentally or physically unfit to drive / its
Abetment
S. 186/S.188 of MV Act Rs. 200 for first offence
Rs. 500 for second or subsequent

19. Violation of restriction of time on HTVs on specified roads/areas
S. 115 r/w S.194 of MV Act Rs. 2,000

20. Driver allowing any person to obstruct his control of the
vehicle (Sitting at a place so as to hamper driving etc.)
S. 125 r/w S.177 of MV Act Rs. 100 for first offence
Rs. 300 for second or subsequent offence

21. Driver of a two-wheeler / motor cycle carrying more than one
person in addition to himself (Triple riding)
S. 128(1) r/w S.177 of MV Act Rs. 100 for first offence
Rs. 300 for second or subsequent
offence

22. Rider and pillion rider failing to wear protective head gear
(Helmet)
S. 129 r/w S.177 of MV Act Rs. 100 for first offence
Rs. 300 for second or subsequent
offenceNote:In some states does not amount to an offence if the pillion rider is not wearing a helmet.

23. Any person in-charge of a vehicle or a trailer abandoning or
permitting to abandon, etc., in a public place (improper and
obstructive parking)
S. 122, 127 r/w S.177 of MV Act Rs. 100 for first offence
Rs. 300 for second or subsequent
offence (owner shall also be liable
for towing costs)

24. Any person in-charge of a vehicle carrying or permitting to
carry any person on the running board, etc.
S. 123(1) r/w S.177 of MV Act Rs. 100 for first offence
Rs. 300 for second or subsequent
offence

25. Any person in-charge of a vehicle keeping or permitting to
keep a vehicle stationary without the required precautions
S. 126 r/w S.177 of MV Act Rs. 100 for first offence
Rs. 300 for second or subsequent
offence

26. Failure to take precautions at unguarded Railway level
crossing
S. 131 r/w S.177 of MV Act Rs. 100 for first offence
Rs. 300 for second or subsequent
offence

27. Failure of driver to stop in certain cases S. 132 r/w S.177 of MV Act Rs. 100 for first offence
Rs. 300 for second or subsequent
offence

28. Using mobile phone while driving a vehicle R.21(25) of C.MV. Rules r/w
S.177 of MV Act
Rs. 100 for first offence
Rs. 300 for second or subsequent
offence

29. Carrying persons in excess of seating capacity in goods
carriage
R.21(10) of CMV Rules r/w
S.177 of MV Act
Rs. 100 for first offence
Rs. 300 for second or subsequent
offence

31. Driving motor vehicle without number plates (Not displaying
number plate)
R. 50 of CMV Rules r/w
S.177 of MV Act
Rs. 100 for first offence
Rs. 300 for second or subsequent
offence

32. Carrying of explosive and highly inflammable substance in
transport vehicle
S. 177 of MV Act Rs. 100 for first offence
Rs. 300 for second or subsequent
offence

33. Any person traveling on the running board or on the top or on
the bonnet of a motor vehicle
S. 123(2) r/w S.177 of MV Act Rs. 100 for first offence
Rs. 300 for second or subsequent
offence

34. Any person keeping a disabled vehicle in any public place so
as to cause impediment to the free flow of traffic
S. 201 of MV Act Rs. 50 per hour besides towing
charges

35. Failure to intimate change of residence or place of business by
owner of a vehicle within time prescribed
S. 49 r/w S.177 of MV Act Rs. 100 for first offence
Rs. 300 for second or subsequent
offence(However, State
Government may prescribe different
amounts having regard to period of
delay)

36. Failure to report to Registering Authority fact of transfer of
vehicle within time prescribed
S. 50 r/w S.177 of MV Act Rs. 100 for first offence
Rs. 300 for second or subsequent
offence (However, State
Government may prescribe different
amounts having regard to period of
delay)

37. Unauthorised alteration in vehicle (Including those facilitating
its operation by a different type of fuel)
S. 52 r/w S.191 of MV Act Rs. 100 for first offence
Rs. 300 for second or subsequent
offence (However, State
Government may prescribe different
amounts having regard to period of
delay)

38. Driver, in a public place, failing to produce his licence, on
demand, to any police officer in uniform
S. 130(1) r/w S.177 of MV Act Rs. 100 for first offence
Rs. 300 for second or subsequent
offence

39. Conductor, in any public place, failing to produce his licence,
on demand, by any officer of the Motor Vehicles Department
S. 130(2) r/w S.177 of MV Act Rs. 100 for first offence
Rs. 300 for second or subsequent
offence

40. Owner or driver or person in-charge or a motor vehicle, on
demand by a registering authority, or any other officer or the
Motor Vehicles Department failing to produce (i) the
certificate of insurance of the vehicle; and where the vehicle is
a transport vehicle (ii) certificate of fitness, and (iii) permit
S. 130(3) r/w S.177 of MV Act Rs. 100 for first offence
Rs. 300 for second or subsequent
offence

41. Any person driving a motor vehicle in any public place, on
demand by a police officer in uniform or officers of Motor
Vehicles Department, failing to produce
(a) the certificate of insurance;
(b) the certificate of registration;
(c) the driving licence; and in case of a transport vehicle
(d) certificate of fitness, and
(e) the permit
S. 158 r/w S.177 of MV Act Rs. 100 for first offence
Rs. 300 for second or subsequent
offence

42. When the driver or conductor of a motor vehicle is accused of
any offence under the MV Act, the owner of such vehicle
failing, on demand, by a police officer authorized to give
information regarding the name and address of and the licence
held by the driver or conductor
S. 133 r/w S.187 of MV Act 3 months or Rs.500 for the first
offence or both
6 months or Rs. 1,000 for
subsequent offence or both

43. When any person is injured or any property of a third party is
damaged in a motor vehicle accident, the driver or person incharge of the vehicle:
(a) not providing medical aid to the victim of the
accident.
(b) Not giving the information regarding accident, etc., on
demand by a police officer or at the nearest police
station
(c) Not giving the information regarding accident to the
insurer
S. 134 r/w S.187 of MV Act 3 months or Rs.500 for the first
offence or both
6 months or Rs. 1,000 for
subsequent offence or both

44. Any person driving or owner permitting to drive vehicle
without effective registration or displaying false registration
marks in any public or in any other place (Using “unregistered
vehicle” or displaying “Applied For” )
S. 39(1) r/w S.192(1) of MV Act Upto Rs. 5,000 for first offence but
not less than Rs. 2,000
One year or upto Rs. 10,000 for
second or subsequent offence but
not less than Rs.5,000 or both

45. Plying a vehicle with registration mark of other State for more
than 12 months
S. 47 r/w S. 177 of MV Act Rs. 100 for first offence
Rs. 300 for second or subsequent
offence

46. Any person driving or permitting to drive a vehicle without
the necessary permit for the route or area in which or for the
purpose for which it is being used
S. 66(1) r/w S.192-A of MV Act Upto Rs. 5,000 for first offence but
not less than Rs. 2,000
Upto one year but not being less
than 3 months, upto Rs.10,000 for
second or subsequent offence but
not less than Rs.5,000

47. Any manufacturer using sub-standard articles or process S. 109(3 ) r /w S.182-A of MV
Act
Rs.1,000 for first offence
Rs. 5,000 for second or subsequent
offence

48. Any person driving or permitting to drive in any public place a
defective motor vehicle or trailer, if such defect results in an
accident causing bodily injury or damage to property
S. 190(1) of MV Act Rs. 250 for first offence.
Imprisonment of three month or fine
upto Rs. 1000 for 2nd offence.

49. Any person driving or permitting to drive in any public place
any motor vehicle which violates the standards prescribed in
relation to road safety, control of noise and air pollution.
(Using vehicle with defective or without silencer, etc.)
S. 190(2) of MV Act Rs.1,000 for first offence
Rs. 2,000 for second or subsequent
offence

50. Any person driving or permitting to drive in any public place a
motor vehicle which violates the provisions of MV Act or
Rules relating to dangerous or hazardous goods
S. 190(3) of MV Act One year or Rs. 3,000 for first
offence or both
3 years or Rs. 5,000 for second or
subsequent offence or both

51. Any importer or dealer selling, delivering or offering to sell or
deliver a motor vehicle or trailer in such a condition or altered
condition that its use in a public place would contravene
Chapter VII of MV Act
S. 191 of MV Act Rs.500

52. Any person traveling in a stage carriage without ticket or pass,
or not producing ticket or pass on requisition
S. 124 r/w S. 178(1) of MV Act Rs.500

53. Conductor of a stage carriage willfully or negligently failing to
accept fare or issue ticket or supplied a ticket of a lesser value
or Check in Inspector willfully or negligently failing or
refusing to check pass or ticket
S. 178(2) of MV Act Rs.500

54. Permit holder of contract carriage refusing to ply or to carry
passengers:
(a) in the case of two-wheelers or three-wheelers
(b) in the case of others
S. 178(3) of MV Act
Rs.50
Rs.200

55. Any person disobeying directions given by any person or
authority empowered, or obstruction any person or authority in
the discharge of his functions under the MV Act
S. 179(1) of MV Act Rs.500

56. Any passenger withholding the required information or giving
false information
S. 179(2) of MV Act One month or Rs. 500 or both

57. Racing and trials of speed
S. 189 of MV Act One month or Rs. 500 or both

58. Any person engaging himself as an agent or canvasser in
contravention of S. 93 or Rules made there under
S. 93 r/w S. 193 of MV Act Rs. 1,000 for first offence
6 months or Rs.2,000 for second or
subsequent offence or both

Thank you 350Z, Ilango, Dhaya and Akash, its my pleasure. I had been seeing a lot of people getting confused at times with procedure, regulations, norms and so on and thought I could be of some help and assistance.

Dhaya using High beams when not required is considered a petty offence by the law and it comes in as a violation of CMVR 105 (2) and the maximum fine imposed is Rupees 100 under Section 177 of the M.V Act (I personallly dont think that this offense is that petty, A lot of serious accidents happen out of people using High beams and over powered lights.)

I will continue on the topic and share a bit more on the Vehicle Light Related Offences.

The driver of a motor vehicle shall drive the vehicle as close to the left side of the road as may be expedient and shall allow all traffic which is proceeding in the opposite direction to pass on his left hand side.

Turning to Left And Right

The driver of a motor vehicle shall:

When turning to the left, drive as close as maybe to theleft hand side of the road from which he is making the turn and of the road which he is entering.

When turning to the right draw as near as near as may be to the centre of the road which the driver is entering.

Passing To The Right

Except as provided in regulation 5, the driver of a motor vehicle shall pass to the right of all traffic proceeding in the same direction as himself.

Passing To The Left

The driver of a motor vehicle may pass to the left of a vehicle, the driver of which having indicated an intention to turn to the right has drawn to the centre of the road and may pass on either side, a tram car or other vehicle running on fixed rails whether travelling in the same direction as himself or otherwise provided that in no case shall he pass a tram car at a time or in a manner likely to cause danger or inconvenience to other users of the road including persons leaving or about to enter tram cars.

Overtaking Prohibited In Certain Cases

The driver of a motor vehicle shall not pass a vehicle travelling in the same direction as himself:

If his passing is likely to pass inconvenience or danger to other traffic proceding in any direction

If he is near a point, a bend or corner or a hill or other obstructionof any kind that renders the road ahead not clearly visible

If he knows that the driver who is following him has not signalled that he may be overtaken.

Overtaking Not To Be Obstructed

The driver of a motor vehicle shall not, when being overtaken or being passed by another vehicle, increse speed or do anything in any way to prevent the other vehicle from passing him.

Caution At Road Junction

The driver of a motor vehicle shall slow down when approaching a road intersection, a road junction, pedestrian crossing or a road corner, and shall not enter any such intersection, junction or crossing until he has become aware that he may do so without endangering the safety of persons thereon.

Giving Way To Traffic At Road Junction

The driver of a motor vehicle shall, on entering a road interjection at which traffic is not being regulated, if the road entered is a main road designated as such, give way to the vehicles proceeding along the road, and in any other case give way to all traffic approaching to the intersection on his right hand.

Fire Service Vehicles And Ambulances To Be Given Free Passage

Each driver shall on the approach of a fire service vehicle or an ambulance allow it free passage by drawing it to the side of the road.

Right Of Way

Pedestrians have the right of way at uncontrolled pedestrian crossings. When any road is provided with a footpath or cycletrack especially for other traffic, except with permission of a police officer in uniform, a driver shall not drive on such footpath or track.

Taking 'U' Turn

No driver shall take a 'U' turn where 'U' turn is especially prohibited and on a busy traffic road. If a 'U' turn is allowed the driver shall slow signal by hand as for a right turn, watch in the rear view mirror and turn when safe to do so.

Signals To Be Given By Drivers

The following signals shall be used by drivers of all motor vehicles namely :

When about to slow down, a driver shall extend his right arm with the palm downward and to the right of the vehicle and shall move the arm so extended up and down several times in such a manner that the signal can be seen by the driver of any vehiclewhich maybe behind him.

When about to stop, the driver shall raise his right forearm vertically outside of and to the right of the vehicle, palm to the right.

When about to turn to the right or to drive to the right hand sideof the road in order to pass another vehicle or for any other purpose, a driver shall extend his right hand in a horizontal position outside of and to the right of his vehicle with the palm of the hand turned to the front.

When about to turn to the left or to drive to the left to the left hand side of the road a driver shall extend his right arm and rotate it in an anticlockwise direction.

When a driver wishes to indicate to a driver of a vehicle behind him that he desires to overtake him he shall extend his right hand and arm horizontally outside of and to the right of the vehicle and shall bring the arm backward and forward in a semi- circular motion.

Direction Indicator

The signals referred to in regulation (Taking "U" Turn), may be simplified also by mechanical or electrical devices.

Parking Of The Vehicle

Every driver of a motor vehicle parking on any road shall park in such a way that it does not causeor is not likely to cause danger, obstruction or undue in convenience to other roadusers and if the manner of parking is indicated by any sign board or markings on the road side, he shall park the vehicle in such a manner.

A driver of a motor vehicle shall not park his vehicle

At or near a road crossing, a bend, top of a hill or a humpbacked bridge

On a footpath

Near a traffic light or pedestrian crossing

In a main road or one carrying fast vehicle

Opposite another parked vehicle or as obstruction to other vehicle

Alongside another parked vehicle

On roads or at places where there is a continuous white line with or without a broken line

Near a bus stop, school or hospital entrance or blocking a traffic sign or entrance to a premises or a fire hydrant

On the wrong side of the road

Where parking is prohibited

Away from the edge of the footpath

Visibility Of Lamps And Registeration Marks

No load or other goods shall be placed on any motor vehicle so as to mark or otherwise interrupt vision of any lamp, registeration mark or any other mark required to be carried by or exhibited on any motor vehicle by or under the Act, unless a duplicate of the lamp so marked or otherwise obscured is exhibited in the manner required by or under the Act for the exhibition of the marked or obscured lamp or mark.

All registeration and other marks required to be exhibited on a motor vehicle by or under the Act shall at all times be maintained in a clear and legible condition.

One Way Traffic

A driver shall not :

drive a motor vehicle on road declared 'One-Way' except in the direction specified by sign boards.

drive a vehicle in a reverse direction into a road designated 'One Way'.

U]Driving On Channelised Roads ( Lane Traffic)[/U]

Where any road is marked by lanes for movement of traffic, the driver of a motor vehicle shall drive within the lane and change the lane only after giving proper signal.

Where any road is marked by a yellow line dividing road, vehicles proceeding in the same direction trying to ovrtake each other shall not cross the yellow line.

Stop Sign On Road Surface

When any line is painted on or inlaid into the surface of any road at the approach to the road junction or to a pedestrian crossing or otherwise, no driver shall drive a motor vehicle shall any part thereof projects beyond that line at any time when a signal to stop is being given by thr Police Officer or by means of traffic control light or by display of any traffic sign.

A line for the purpose of this regulation shall not be less than 50 millimetres in width at any part and may be either in white, black or yellow.

Towing

No vehicle other than a mechanically disabled motor vehicle or incompletely assembled motor vehicle, a registered trailer or a side car, shall be drawn or towed by any motor vehicle, except for purposes of delivery and to the nearest filling station or garage.

No motor vehicle shall be drawn or towed by any other motor vehicle unless there is in the driver's seat of the motor vehicle being drawn or towed a person holding a licence authorising him to drive the vehicle or unless the steering wheels of the motor vehicle being towed, are firmly and securely supported clear of the road surface by some crane or other device on the vehicle which is drawin or towing it.

When a motor vehicle is being towed by another motor vehicle the clear distance between the rear of the front vehicle and the front of the rear vehicle shall at no time exceed five metres. The tow ropes, or chains shall be of a type-easily distinuishable by other road users and there shall be clearly displayed on the rear of the vehicle being towed in black letters not less than seventy - five mllimetres high and on a white background the words 'ON TOW'.

No motor vehicle when towing another vehicle other than a trailer or a sidecar shall be driven at a speed exceeding twenty- four kilometres per hour.

Use Of Horns And Silence Zones

A driver of a vehicle shall not :

Sound the horn needlessly or continuously or more than necessary to to ensure safety.

Sound the horn in silence zones.

Make-use of a cut-out by which gases are released other than through the silencer.

Fit or use any multitoned horn giving a harsh, shrill, loud or alarming noise.

The driver of a motor vehicle moving behind another vehicle shall keep at a sufficient distance from that other vehicle to avoid collision if the vehicle in front should suddenly slow down or stop.

Abrupt Brake

No driver of a vehicle shall apply brake abruptly unless it is necessary to do so for safety reasons.

Vehicles Going Uphill To Be Given Precedence

On mountain roads and steep roads, the driver of a motor vehicle travelling down the hill shall give precedence to a vehicle going uphill wherever the road is not sufficiently wide to allow the vehicles to pass each other freely without danger, and stop the stop the vehicle to the side of the road in order to allow any vehicle proceeding uphill to pass.

Obstruction Of Driver

A driver of a motor vehicle shall not allow any person to stand or sit or anything to be placed in such a manner or position as to hamper his control of the vehicle.

Speed TO Be Restricted

The driver of a motor vehicle shall, when passing a meeting or procession or a body of troops or police on the march or when passing workmen engaged on road repair, drive at a speed not exceeding 25 kilometres an hour.

Driving Of Tractors And Goods Vehicles

A driver when driving a tractor shall not carry or allow any personto be carried on the tractor. A driver of a goods carriage shall not carry in the the driver's cabin more numbers of persons than that mentioned in the registeration certificate and shall not carry passengers for hire or reward.

Projection Of Loads

No person shall drive in any public place any motor vehicle which is loaded in a manner likely to cause danger to any person in such a manner that the load or any part thereof or anything extends literally beyond the side of the body or to the front or to rear or in height beyond the permissible limit.

Restriction To Carriage

Except for the fuel and the lubricants necessary for the use of the vehicle, no explosive. highly flammable or otherwise dangerous substance shall be otherwise carried on any public service vehicle.

Restrictions ON Driving Backwards

No driver of a motor vehicle shall cause the vehicle to be driven backwards without first satisfying himself that he will not thereby cause danger or undue inconvenience to any other person or in any circumstances, for any greater distance or period of time than maybe reasonably necessary in order to turn the vehicle round.

Production Of Document

A person driving a vehicle:

Shall always carry with him his driving licence; certificate of registeration; certificate of taxation and certificate of insurance of the vehicle and in case of transport vehicle the permit and witness certificate also

Shall on demand by police officer in uniform or an officer of the Motor Vehicle Department in uniform or any other officer authorised by the Government, produce the documents for inspection.

Well I guess thats almost all, Feel free to let me know if you need any clarifications on anything. I'll be glad to be of help and assistance in everyway I can with my limited knowledge. I too am learning new things with each day.

An Act to consolidate and amend the law relating to motor vehicles.
BE it enacted by Parliament in the Thirty-ninth Year of the Republic of India as follows –

CHAPTER I
PRELIMINARY

1- Short title, extent and commencement

(1) This Act may be called the Motor Vehicles Act, 1988.

(2) It extends to the whole of India.

(3) It shall come into force on such date1* as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different State and any reference in this Act to the commencement of this Act shall, in relation to a State, be construed as a reference to the coming into force of this Act in that State.
Definitions

2- In this Act, unless the context otherwise requires –

(1) "area", in relation to any provision of this Act, means such area as the State Government may, having regard to the requirements of that provision, specify by notification in the Official Gazette;

(2) "articulated vehicle" means a motor vehicle to which a semi trailer is attached;

(3) "axle weight" means in relation to an axle of a vehicle the total weight transmitted by the several wheels attached to that axle to the surface on which the vehicle rests;

(4) "certificate of registration" means the certificate issued by a competent authority to the effect that a motor vehicle has been duly registered in accordance with the provisions of Chapter IV;

(5) "conductor", in relation to a stage carriage, means a person engaged in collecting fares from passengers, regulating their entrance into, or exit from, the stage carriage and performing such other functions as may be prescribed;

(6) "conductor's licence" means the licence issued by a competent authority under Chapter III authorising the person specified therein to act as a conductor;

(7) "contract carriage" means a motor vehicle which carries a passenger or passenger or passengers for hire or reward and is engaged under a contract, whether expressed or implied, for the use of such vehicle as a whole for the carriage of passengers mentioned therein and entered into by a person with a holder of a permit in relation to such vehicle or any person authorised by him in this behalf on a fixed or an agreed rate or sum –

(a) on a time basis, whether or not with reference to any route or distance; or
(b) from one point to another, and in either case, without stopping to pick up or set down passengers not included in the contract anywhere during the journey, and includes –

(i) a maxicab; and
(ii) a motor cab notwithstanding that separate fares are charged for its passengers;

(8) "dealer" includes a person who is engaged –

(a) in the manufacture of motor vehicles; or
(b) in building bodies for attachment to chassis; or
(c) in the repair of motor vehicles; or
(d) in the business of hypothecation, leasing or hire-purchase of motor vehicle;

(9) "driver" includes, in relation to a motor vehicle which is drawn by another motor vehicle, the person who acts as a steersman of the drawn vehicle;

(10) "driving licence" means the licence issued by a competent authority under Chapter II authorising the person specified therein to drive, otherwise than as a learner, a motor vehicle or a motor vehicle of any specified class or description;

(11) "educational institution bus" means an omnibus, which is owned by a college, school or other educational institution and used solely for the purpose of transporting students or staff of the educational institution in connection with any of its activities;

(12) "fares" includes sums payable for a season ticket or in respect of the hire of a contract carriage;

(13) "goods" includes live-stock, and anything (other than equipment ordinarily used with the vehicle) carried by a vehicle except living persons, but does not include luggage or personal effects carried in a motor car or in a trailer attached to a motor car or the personal luggage of passengers travelling in the vehicle;

(14) "goods carriage" means any motor vehicle constructed or adapted for use solely for the carriage of goods, or any motor vehicle not so constructed or adapted when used for the carriage of goods;

(15) "gross vehicle weight" means in respect of any vehicle the total weight of the vehicle and load certified and registered by the registering authority as permissible for that vehicle;

(16) "heavy goods vehicle" means any goods carriage the gross vehicle weight of which, or a tractor or a road-roller the unladen weight of either of which, exceeds 12,000 kilograms;

(17) heavy passenger motor vehicle" means any public service vehicle or private service vehicle or educational institution bus or omnibus the gross vehicle weight of any of which, or a motor car the unladen weight of which, exceeds 12,000 kilograms;

(18) "invalid carriage" means a motor vehicle specially designed and constructed, and not merely, adapted, for the use of a person suffering from some physical defect or disability, and used solely by or for such a person;

(19) "learner's licence" means the licence issued by a competent authority under Chapter II authorising the person specified therein to drive as a learner, a motor vehicle or a motor vehicle of any specified class or description;

(21) "light motor vehicle" means a transport vehicle or omnibus the gross vehicle weight of either of which or a motor car or tractor or road-roller the unladen weight of any of which, does not exceed 7,500 kilograms;

(22) "maxicab" means any motor vehicle constructed or adapted to carry more than six passengers, but not more than twelve passengers, excluding the driver, for hire or reward;

(23) "medium goods vehicle" means any goods carriage other than a light motor vehicle or a heavy goods vehicle;

(24) "medium passenger motor vehicle" means any public service vehicle or private service vehicle, or educational institution bus other than a motor cycle, invalid carriage, light motor vehicle or heavy passenger motor vehicle;

(25) "motorcab" means any motor vehicle constructed or adapted to carry not more than six passengers excluding the driver for hire or reward;

(27) "motor cycle" means a two-wheeled motor vehicle, inclusive of any detachable side-car having an extra wheel, attached to the motor vehicle;

(28) "motor vehicle" or "vehicle" means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source and includes a chassis to which a body has not been attached and a trailer; but does not include a vehicle running upon fixed rails or a vehicle of a special type adapted for use only in a factory or in any other enclosed premises or a vehicle having less than four wheels fitted with engine capacity of not exceeding thirty-five cubic centimetres;

(29) "omnibus" means any motor vehicle constructed or adapted to carry more than six persons excluding the driver;

(30) "owner" means a person in whose name a motor vehicle stands registered, and where such person is a minor, the guardian of such minor, and in relation to a motor vehicle which is the subject of a hire-purchase, agreement, or an agreement of lease or an agreement of hypothecation, the person in possession of the vehicle under that agreement;

(31) "permit" means a permit issued by a State or Regional Transport Authority or an authority prescribed in this behalf under this Act authorising the use of a motor vehicle as a transport vehicle;

(32) "prescribed" means prescribed by rules made under this Act;

(33) "private service vehicle" means a motor vehicle constructed or adapted to carry more than six persons excluding the driver and ordinarily used by or on behalf of the owner of such vehicle for the purpose of carrying persons for, or in connection with, his trade or business otherwise than for hire or reward but does not include a motor vehicle used for public purposes;

(34) "public place" means a road, street, way or other place, whether a thoroughfare or not, to which the public have a right of access, and includes any place or stand at which passengers are picked up or set down by a stage carriage;

(35) "public service vehicle" means any motor vehicle used or adapted to be used for the carriage of passengers for hire or reward, includes a maxicab, a motor cab, contract carriage, and stage carriage;

(36) "registered axle weight" means in respect of the axle of any vehicle, the axle weight certified and registered by the registering authority as permissible for that axle;

(38) "route" means a line of travel which specifies the highway which may be traversed by a motor vehicle between one terminus and another;

(39) "semi-trailer" means a trailer drawn by a motor vehicle and so constructed that a part of it is super-imposed on, and a part of its weight is borne by, the drawing vehicle;

(40) "stage carriage" means a motor vehicle constructed or adapted to carry more than six passengers excluding the driver for hire or reward at separate fares paid by or for individual passengers, for the whole journey or for stages of the journey;

(41) "State Government" in relation to a Union territory means the Administrator thereof appointed under article 239 of the Constitution;

(42) "State transport undertaking" means any undertaking providing road transport service, where such undertaking is carried on by –

(i) the Central Government or a State Government;
(ii) any Road Transport Corporation established under section 3 of the Road Transport Corporations Act, 1950; (64 of 1950.)
(iii) any municipality or any corporation or company owned or controlled by the Central Government or one or more State Governments, or by the Central Government and one or more State Governments.
Explanation.--For the purposes of this clause, "road transport service" means a service of motor vehicles carrying passengers or goods or both by road for hire or reward;

(43) "tourist vehicle" means a contract carriage constructed or adapted and equipped and maintained in accordance with such specifications as may be prescribed in this behalf;

(44) "tractor" means a motor vehicle which is not itself constructed to carry any load (other than equipment used for the purpose of propulsion); but excludes a road-roller;

(45) "traffic signs" includes all signals, warning sign posts, direction posts, markings on the road or other devices for the information, guidance or direction of drivers of motor vehicles;

(46) "trailer" means any vehicle, other than a semi-trailer and a side-car, drawn or intended to be drawn by a motor vehicle;

(47) "transport vehicle" means a public service vehicle, a goods carriage, an educational institution bus or a private service vehicle;

(48) "unladen weight" means the weight of a vehicle or trailer including all equipment ordinarily used with the vehicle or trailer when working, but excluding the weight of a driver or attendant; and where alternative parts or bodies are used the unladen weight of the vehicle means the weight of the vehicle with the heaviest such alternative part or body;

(49) "weight" means the total weight transmitted for the time being by the wheels of a vehicle to the surface on which the vehicle rests,

(1) No person shall drive a motor vehicle in any public place unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no person shall so drive a transport vehicle [other than a motor cab hired for his own use or rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically entitles him so to do.

(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.

4- Age limit in connection with driving of motor vehicles.

(1) No person under the age of eighteen years shall drive a motor vehicle in any public place:
Provided that a motor cycle without gear may be driven in a public place by a person after attaining the age of sixteen years.

(2) Subject to the provisions of section 18, no person under the age of twenty years shall drive a transport vehicle in any public place.

(3) No learner's licence or driving licence shall be issued to any person to drive a vehicle of the class to which he has made an application unless he is eligible to drive that class of vehicle under this section.

5- Responsibility of owners of motor vehicles for contravention of sections 3 and 4. No owner or person in charge of a motor vehicle shall cause or permit any person who does not satisfy the provisions of section 3 or section 4 to drive the vehicle.
Restrictions on the holding of driving licences

6- (1) No person shall, while he holds any driving licence for the time being in force, hold any other driving licence except a learner's licence or a driving licence issued in accordance with the provisions of section 18 or a document authorising, in accordance with the rules made under section 139, the person specified therein to drive a motor vehicle.

(2) No holder of a driving licence or a learner's licence shall permit it to be used by any other person.

(3) Nothing in this section shall prevent a licensing authority having the jurisdiction referred to in sub-section (1) of section 9 from adding to the classes of vehicles which the driving licence authorises the holder to drive.

7- Restrictions on the granting of learner's licences for certain vehicles.

(1) No person shall be granted a learner's licence –

(a) to drive a heavy goods vehicle unless he has held a driving licence for at least two years to drive a light motor vehicle or for at least one year to drive a medium goods vehicle;

(b) to drive a heavy passenger motor vehicle unless he has held a driving licence for at least two years to drive a light motor vehicle or for at least one year to drive a medium passenger motor vehicle;

(c) to drive a medium goods vehicle or a medium passenger motor vehicle unless he has held a driving licence for at least one year to drive a light motor vehicle.

(2) No person under the age of eighteen years shall be granted a learner's licence to drive a motor cycle without gear except with the consent in writing of the person having the care of the person desiring the learner's licence.

Grant of learner's licence

8- (1) Any person who is not disqualified under section 4 for driving a motor vehicle and who is not for the time being disqualified for holding or obtaining a driving licence may, subject to the provisions of section 7, apply to the licensing authority having jurisdiction in the area –

(i) in which he ordinarily resides or carries on business, or

(ii) in which the school or establishment referred to in section 12 from where he intends to receive instruction in driving a motor vehicle is situate, for the issue to him of a learner's licence.

(2) Every application under sub-section (1) shall be in such form and shall be accompanied by such documents and with such fee as may be prescribed by the Central Government.

(3) Every application under sub-section (1) shall be accompanied by a medical certificate in such form as may be prescribed by the Central Government and signed by such registered medical practitioner, the State Government or any person authorised in this behalf by the State Government may, by notification in the Official Gazette, appoint for this purpose.

(4) If, from the application or from the medical certificate referred to in sub-section (3), it appears that the applicant is suffering from any disease or disability which is likely to cause the driving by him of a motor vehicle of the class which he would be authorised by the learner's licence applied for to drive to be a source of danger to the public or to the passengers, the licensing authority shall refuse to issue the learner's licence:
Provided that a learner's licence limited to driving an invalid carriage may be issued to the applicant, if the licensing authority is satisfied that he is fit to drive such a carriage.

(5) No learner's licence shall be issued to any applicant unless he passes to the satisfaction of the licensing authority such test as may be prescribed by the Central Government.

(6)
When an application has been duly made to the appropriate licensing authority and the applicant has satisfied such authority of his physical fitness under sub-section (3) and has passed to the satisfaction of the licensing authority the test referred to in sub-section (5), the licensing authority shall, subject to the provisions of section 7, issue the applicant a learner's licence unless the applicant is disqualified under section 4 for driving a motor vehicle or is for the time being disqualified for holding or obtaining a licence to drive a motor vehicle:
Provided that a licensing authority may issue a learner's licence to drive a motor cycle or a light motor vehicle notwithstanding that it is not the appropriate licensing authority, if such authority is satisfied that there is good reason for the applicant's inability to apply to the appropriate licensing authority.

(7) Where the Central Government is satisfied that it is necessary or expedient so to do, it may, by rules made in this behalf, generally, either absolutely or subject to such conditions as may be specified in the rules, any class of persons from the provisions of sub-section (3), or sub-section (5), or both.

(8) Any learner's licence for driving a motor cycle in force immediately before the commencement of this Act shall, after such commencement, be deemed to be effective for driving a motor cycle with or without gear.
9- (1) Any person who is not for the time being disqualified for holding or obtaining a driving licence may apply to the licensing authority having jurisdiction in the area –

(i) in which he ordinarily resides or carries on business, or
(ii) in which the school or establishment referred to in section 12 from where he is receiving or has received instruction in driving a motor vehicle is situated, for the issue to him of a driving licence.

(2) Every application under sub-section (1) shall be in such form and shall be accompanied by such fee and such documents as may be prescribed by the Central Government.

(3) No driving licence shall be issued to any applicant unless he passes to the satisfaction of the licensing authority such test of competence to drive as may be prescribed by the Central Government:
Provided that, where the application is for a driving licence to drive a motor cycle or a light motor vehicle, the licensing authority shall exempt the applicant from the test of competence prescribed under this sub-section, if the licensing authority is satisfied –

(a) (i) that the applicant has previously held a driving licence and that the period between the date of expiry of that licence and the date of such application does not exceed five years; or
(ii) that the applicant holds or has previously held a driving licence issued under section 18; or
(iii) that the applicant holds a driving licence issued by a competent authority of any country outside India; and

(b) that the applicant is not suffering from any disease or disability which is likely to cause the driving by him of a motor cycle or, as the case may be, a light motor vehicle to be a source of danger to the public; and the licensing authority may for that purpose require the applicant to produce a medical certificate in the same form and in the same manner as is referred to in sub-section (3) of section 8:
Provided further that where the application is for a driving licence to drive a motor vehicle (not being a transport vehicle), the licensing authority may exempt the applicant from the test of competence to drive prescribed under this sub-section, if the applicant possesses a driving certificate issued by an automobile association recognised in this behalf by the State Government.

(4) Where the application is for a licence to drive a transport vehicle, no such authorisation shall be granted to any applicant unless he possesses such minimum educational qualification as may be prescribed by the Central Government and a driving certificate issued by a school or establishment referred to in section 12.

(5) Where the applicant does not pass to the satisfaction of the licensing authority the test of competence to drive under sub-section (3), he shall not be qualified to re-appear for such test –

(a) in the case of first three such tests, before a period of one month from the date of last such test; and
(b) in the case of such test after the first three tests, before a period of one year from the date of last such test.